The deputy Solicitor General has described the home detention sentence passed down to a teenager who raped four girls as "incomprehensible", as the Crown seeks to appeal the sentence in favour of prison time.
Open Justice revealed last month that Tauranga teenager Jayden Desmond Meyer, 18, was sentenced to nine months' home detention for the rape of four 15-year-old girls and the sexual violation of another. He was 16 at the time of the offending.
The sentence drew the ire of the public, sparking numerous public protests last month.
Originally, both Crown prosecutor Anna Pollett and Meyer's lawyer Rachael Adams submitted at the time that a sentence of home detention would be most appropriate - despite Pollett accepting imprisonment would be the ordinary sentence for this sort of offending; "and indeed one of many years".
Tauranga District Court Judge Christopher Harding agreed, saying a sentence of imprisonment being typical of this level of offending is "undoubtedly correct".
But Harding's written sentencing decision did not detail how he instead reached a sentence of home detention, besides saying he accepted the probation report and the submissions of counsel.
Last week, Crown Law decided to challenge that ruling, with deputy Solicitor General Madeleine Laracy filing an appeal against the sentence.
In court today, Laracy told Justice Sally Fitzgerald the conclusions of both the District Court judge and Crown prosecutor were flawed.
"It remains incomprehensible, how from an 8-year [imprisonment] starting point, the judge can then move to accept home detention is the appropriate sentence."
"This is a significant error of law."
Laracy said a sentence of imprisonment is most appropriate. In her written submissions, she suggested an eight-year starting point, rounding out at a final sentence of three years imprisonment once discounts for youth and prior good character are taken into account.
According to the notice of appeal, the Solicitor General was first made aware of the prosecution a day after Open Justice revealed the sentence.
In the document, Laracy said Judge Harding "did not follow orthodox sentencing methodology".
"He did not specify a starting point, quantify the overall discount, or state a nominal end sentence.
"The sentence is disproportionate, in all of the circumstances, to the seriousness of the offending."
Crown Law's appeal was filed six weeks out of time, with Meyer having now completed two months of his sentence. That means if the appeal is to progress, it requires a Judge to grant leave for the appeal to be heard.
"The Solicitor General recognises that an appeal out of time, in respect of a young person who has served two months of a sentence on home detention, is a troubling proposition.
"The Solicitor General further recognises that the Crown Solicitor did not seek a sentence of imprisonment, and considered home detention with judicial monitoring was an appropriate sentence."
Acting for Meyer, lawyer Rachael Adams submitted that it's hard to see the decision to appeal as anything more than the Crown reacting to public outrage. She has previously described her client as "perhaps the most vilified man in New Zealand".
"If ill-informed public opinion is of the view there has been a miscarriage of justice, that does not mean that there has been."
Adams submitted that the fact the Crown supported the home detention sentence means if the sentence was quashed it would be "inhumane".
"Taking a stance different from that taken by the Crown at first instance, for hope to be encouraged and confirmed in a young offender and then wrested from him, would be cruel to the point of inhumane.
"The Crown are the Crown. They have not simply acquiesced, they have promoted the sentence throughout."
Adams told the court the Crown indicated immediately it would not seek a sentence of imprisonment when Meyer was found guilty.
"That assurance was reinforced by the position taken by the Crown, representing the victims, at multiple hearings."
Since that point, Meyer has engaged in the SAFE sexual violence prevention programme where he has made good progress. This is evidence of Meyer being on the road to rehabilitation, Adams said.
Justice Fitzgerald reserved her decision.